Court Hearing Date Due - No Clue What To Do!

[mmmp3]

Cabot Financial Via Mortimer Clarke Solicitors



Situation


chasing me for debt - this was an old hsbc business overdraft, company long since dissolved, the account was terminated end of 2017

overdraft facility was started in 2010, amount outstanding is 14k

I think cabot had bought debt off HSBC for 1 to 2k a few years back

I have ignored all letters apart from court claim last year which I had defended

Now case to be heard in court mid-March 2022

In recent paperwork they sent to me it shows a signed personal guarantee (date 19th Jan 2015) - it was so long ago that I cannot confirm if this is genuine but assume so (they had never sent me this before, unsure if they were not aware of this document OR if they intentionally withheld until latter stages maybe as they were nervous about date, etc)



Questions

Could I still be personally liable for the business overdraft debt? They claim I had signed a personal guarantee


As its over 6 years is the guarantee date still valid?


What are potential outcomes here?


Any other ways I may be able to defend this?


Should I try for settlement?


If I am struggling financially what is the outcome if the judge decides I do owe all of this - if I do a payment plan will it affect my credit? is that an automatic CCJ?


Can I "delay" the case in the meantime


Many thanks for any advice you can give - have read through similar threads and still I am very confused!

[mmmp3]

just bumping this, also if anyone can recommend a solicitor firm who deals with these types of defences I would appreciate it!

[Mary Jones 2]

hi, if you could answer three questions initially

1)when you say they recently provided a copy of a personal guarantee, was this in disclosure N265 doc or attached as evidence in their witness st, or provided later?
ie. how recently?

2)also what do the particulars of claim say exactly word for word?

3)what was your defence?



unfortunately it seems a bit late in the day for some ways of help
usually#
1)pre action protocols and a chance for you to respond /ask for more information docs
2)claim
3)defence -specifically defending points of particulars
4)directions-fast track
5)exchange of N265 disclosures
6)exchange of witness sts
7)court hearing

you appear to be at point 7 already ?
there may have been other defences available to you, that could have been tackled at point 3.

anyway, some experience in these cases so ill try and help, have you used a solicitor to help or done it all yourself ?

first thing i note though is overdraft (assuming it was authorised) taken/offered in 2010 , but PG signed in 2015? so need to see wording of PG
had a bank try this on me once, defended as no past consideration (taking a guarantee for lending already authorised and given) and bank procedures to take a guarantee not followed.

[mmmp3]

many thanks for your response


1)when you say they recently provided a copy of a personal guarantee, was this in disclosure N265 doc or attached as evidence in their witness st, or provided later?

ie. how recently?


so this was provided after the small claims court defence, they have since sent guarantee paperwork to me and also courts


2)also what do the particulars of claim say exactly word for word?


“Monies due under current account facility ************
Claimant’s claim is for the balance outstanding under this facility provided by HSBC Bank PLC to the Defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The Defendant has failed to repay the amount due following the service of a demand. The debt was assigned the Claimant. Claimant therefore claims
1. circa 15k

1. Costs

3)what was your defence?


i just stated in a nutshell that the debt was associated with a business and not me personally so not liable (they had not disclosed the guarantee and other paperwork at that stage)

[mmmp3]

had a question regarding breathing space applications if anyone can help
as the court case for above is this month (3rd week of March) I am considering applying for breathing space for the first time mainly to help buy me some more time for the court case so I can get legal advice.

If I apply for breathing space would it make me automatically admit liability for the above?

any advice is very much appreciated